The Supreme Court of India recently emphasized that unauthorized constructions should be tackled with strict measures, not leniency, and issued a series of directives to address the issue effectively.

"In a catena of decisions, this Court has categorically held that illegally of unauthorized construction cannot be perpetuated. If the construction is made in contravention of the Acts / Rules, it would be construed as illegal and unauthorized construction, which has to be necessarily demolished", Justice R. Mahadevan, led bench said.

The bench, which also included Justice R. Mahadevan, stressed that unauthorized constructions cannot be justified or safeguarded merely by the passage of time, the inaction of authorities, or claims of substantial financial investment in the construction.

"In the ultimate analysis, we are of the opinion that construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged," the court added.

The Court underscored that every construction must strictly comply with the regulations, and if any violation is brought to its attention, it should be addressed firmly. Any leniency in such cases would be considered misplaced sympathy.

"Delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act, cannot be used as a shield to defend action taken against the illegal/unauthorized constructions."

Referring to the State Governments, the Court observed that, too often, the government seeks to benefit from the regularization process by condoning or legitimizing violations and illegalities. It highlighted that the State fails to recognize that such gains are minimal compared to the long-term damage caused to orderly urban development and the irreversible harm to the environment.

Emphasizing that regularization schemes should only be introduced in exceptional cases, the Court pointed out that unauthorized constructions not only endanger the lives of the occupants and nearby citizens but also strain resources like electricity, groundwater, and road access, which are intended to be allocated for orderly development and authorized activities.

The court further added, "Master plan or the zonal development cannot be just individual centric but also must be devised keeping in mind the larger interest of the public and the environment". 

"If the officials are let scot-free, they will be emboldened and would continue to turn a nelson’s eye to all the illegalities resulting in the derailment of all planned projects and pollution, disorderly traffic, security risks, etc," it added.